Prof. Monette has a conversation with Kris about the recent (Nov. 2022) Supreme Court case Brackeen v. Haaland, which focused on the Indian Child Welfare Act of 1978’s placement preferences. The issue was whether its placement preferences, which currently disfavor non-Indian adoptive families in child placement proceedings involving an “Indian child” disfavor those children and whether they discriminate on the basis of race in violation of the U.S. Constitution and whether those placement preferences exceed Congress’s Article I authority by invading the arena of child placement.
Prof. Monette begins by relating his family and tribal history- he went to law school because he wanted to teach and educate on Indian affairs. It is an issue close to his heart as he grew up on the reservation and has many family members residing there currently.
He goes through the various issues and aspects in this case and discusses how they relate to prior federal Indian law cases, as well as explaining each.
Listen to the Episode
The interview was conducted on March 2, 2023. | 50:33 minutes; published March 22, 2023. Transcript file (PDF).